BILL ANALYSIS �
AB 1410
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Date of Hearing: April 30, 2013
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Al Muratsuchi, Chair
AB 1410 (Committee on Veterans Affairs) - As Introduced: March
13, 2013
SUBJECT : Courts-Martial Appellate Panel
SUMMARY : Codifies the Courts-Martial Appellate Panel (CMAP) for
the California Military Department. Specifically, this bill :
1)Provides that:
a) The CMAP shall consist of three justices to hear matters
described in Section 458.1 of the Military and Veterans
Code.
b) The Governor, by general order, shall appoint the three
justices who have experience and training in the field of
military law.
c) The panel shall conduct itself as a three-justice court.
2)Mandates that:
a) A justice shall not be liable civilly or criminally for
any act or acts done by them in the performance of his or
her duty, as described in Section 472.
b) A justice shall be subject to a code of judicial conduct
in accordance with applicable the United States Army and
the United States Air Force regulations.
c) A justice shall sit for four years upon which his or her
appointment shall be terminated or upon acceptance of his
or her resignation by the Adjutant General, whichever
occurs first.
d) A justice shall be paid at the rate of a federal O-6, a
military pay grade, only while in session.
e) The CMAP may be convened by the President of the United
States, the Governor, or the Adjutant General.
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3)Directs that the CMAP shall have power over the following:
a) The issuance of extraordinary writs relative to all
matters arising under the following:
i) The provisions of the Military and Veterans code.
ii) The Uniform Code of Military Justice.
iii) Any regulation issued by the Governor pertaining to
members of the California active militia.
iv) Court-martial actions pending before any military
judge of the California Military Department.
b) Adjudicating appeals of sentences of a court-martial
that have been approved by the convening authority, as
described in Section 455.1, and which include:
i) Dismissal, in the case of a commissioned or warrant
officer.
ii) Dishonorable discharge, in the case of an enlisted
man or woman.
iii) Bad-conduct discharge, in the case of an enlisted
man or woman.
iv) Forfeiture of all pay and allowances.
v) Any confinement.
4)Mandates that the practices and procedures of the CMAP shall
follow the federal Manual for Courts-Martial described in
Section 102 and the California Manual for Courts-Martial.
5)Specifies that with regard to any matter adjudicated by the
CMAP, the reported decisions of the United States Court of
Appeals for the Armed Forces shall have direct precedential
authority to such matters unless otherwise directed by the
CMAP.
6)Directs that the precedential decisions of the CMAP shall be
posted in a conspicuous place.
EXISTING LAW :
1)The California Military Department can prosecute Soldiers and
Airmen in accordance with California Military and Veterans
Code (MVC), specifically MVC �450 et seq.
2)The MVC establishes Summary, Special and General
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Courts-Martial.
3)The federal courts-martial appeal authority and procedures are
statutorily authorized in the federal Uniformed Code of
Military Justice (UCMJ), Chapter 47 of Title 10 of the United
States Code.
4)The Department's appellate court is authorized by a Governor's
General Order (GGO) that was issued first by Governor Gray
Davis in 2002, followed by an identical GGO issued by Governor
Arnold Schwarzenegger in 2007.
FISCAL EFFECT : Unknown at this time.
COMMENTS : A court-martial is a military court that the
Department uses approximately seven times per year. The courts
which are explicitly authorized by statute are listed in MVC
section 450, and they are: (a) general courts-martial; (b)
special courts-martial; (c) summary courts-martial; and (d)
courts of inquiry. It currently provides appeals from
Courts-Martial under authority flowing from a GGO issued by
Governor Schwarzenegger in 2007.
The Department follows the Manual for Courts-Martial. The CMAP
would be similar to the first level of appeals provided for in
the UCMJ and the Manual for Courts-Martial. The justices would
be appointed by the Governor for their terms but only convened
as necessary to hear appeals. This bill will not create a
standing court.
Despite GGOs, no explicit statutory authority exists for the
CMAP. Without statutory authority, the legality of the CMAP can
be called into question by the defense attorney of a Soldier or
Airman convicted by courts-martial. An appellate court must be
established in code to provide Servicemembers with a formalized
and legally sufficient appellate process.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
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None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550